In October of 2006 a 13 year old girl from St. Charles County named Megan Meier committed suicide after reading a message on her MySpace page. The message, supposedly from an on-line boyfriend, told her that the world would be better off without her. The eyes of the nation fell on Missouri after reports that the message allegedly came from a 48 year old woman. Prosecutors in Missouri looked to the Laws of Missouri for authority to possibly charge perpetrators with a crime, but there was no provision in Missouri law for Prosecutor’s to rely on.
Prior to 2008, no one in Missouri could be criminally prosecuted for sending threatening or harassing electronic messages to another person unless those messages were sent over the telephone. Given the increased use of e-mail, instant messaging, and text messaging and the increased popularity of social networking sites like Facebook and MySpace, the Missouri legislature felt it was necessary to update the law to reflect modern means of communication. Megan Meier’s tragic death was the ultimate catalyst and on August 1, 2008, RSMO §565.090 was changed to allow prosecution for harassment through any means of electronic communication.
Since the Law was updated there has been a flood of new criminal charges in Missouri’s Courts prosecuting people for “Cyber-bullying”. Harassment is normally a Class A Misdemeanor that carries a sentence of up to 1 year in jail. The new law provides some extra stiff penalties for those who are over 21 years old and are accused of harassing someone under the age of 18. In such a case the charge is a Class D Felony that carries a sentence of up to 4 years in the Penitentiary. If this law would have been enacted prior to the allegations against Megan Meier’s alleged harasser(s), the involved person(s) would possibly have faced felony charges in Missouri.
Needless to say, Megan Meier’s death had a profound effect on the legislature and has created new boundaries for those who communicate electronically. Those who use foul language and make threatening statements on-line will be subject to prosecution. Although those users may feel as if their comments are anonymous, the police have many ways to identify the purveyors of Cyber-bullying. All those who access the internet can be identified by their Internet Protocol or IP address. And, through the use of a Subpoena an internet users’ IP address may be turned over to the police from their internet service provider. The internet may seem to be a free-wheeling and unregulated environment but the Missouri Cyber-bullying Statute is one example of government fencing in the on-line world.
Harassment charges in Missouri carry the potential for stiff jail sentences and may even carry a term of years in the penitentiary. If you have been charged with Harassment in the State of Missouri, you will need a skilled criminal defense attorney to defend your rights. Prosecuting attorneys will be eager to zealously prosecute those charged with harassment and you need someone willing to fight for you. The Attorneys at The Roberts Law Firm have the skills and experience necessary to give you the very best representation. We have tried many jury trials and we know how to get you the best result possible. Contact The Roberts Law Firm today.
